Definitions of key terms
Three key concepts in the reporting system are improper conduct, corrupt conduct and detrimental action.
Definitions of these terms are summarised below.
Improper conduct
A disclosure may be made by any person about improper conduct by a public body or public officer.
Improper conduct means 'corrupt conduct' (addressed in paragraph 4.2 below), a substantial mismanagement of public resources, or conduct involving substantial risk to public health or safety or to the environment.
The conduct must be serious enough to constitute, if proved, a criminal offence or reasonable grounds for dismissal.
Corrupt conduct
Corrupt conduct means:
- Conduct of any person (whether or not a public officer) that adversely affects or could adversely affect, whether directly or indirectly, the honest performance of a public officer’s or public body’s functions;
- The performance of a public officer’s functions dishonestly or with inappropriate partiality;
- Conduct of a public officer, former public officer or a public body that amounts to a breach of public trust;
- Conduct by a public officer, former public officer or a public body that amounts to the misuse of information or material acquired in the course of the performance of their functions; or
- A conspiracy or attempt to engage in the above conduct.
- Detrimental action
The Act makes it an offence to take or threaten to take detrimental action against a person in reprisal for a protected disclosure.
Detrimental action includes:
- Action causing injury, loss or damage;
- Intimidation or harassment; and
- Discrimination, disadvantage or adverse treatment in relation to a person’s employment, career, profession, trade or business, including the taking of disciplinary action.
Protected Disclosure
A person who believes on reasonable grounds that a public officer or public body:
- has engaged, is engaging or proposes to engage in improper conduct in their capacity as a public officer or a public body; or
- has taken, is taking or proposes to take detrimental action contrary to the Act, may disclose that improper conduct or detrimental action to the relevant public body. Such a disclosure is known as a 'protected disclosure' for the purposes of the Act.
Public Officer
A 'public officer' includes a member, officer or employee of a public body including a member, officer or employee of the MFB.
Public Body
The MFB is a 'public body' for the purposes of the Act.
Public Interest Disclosure
A public interest disclosure is a protected disclosure which after initial review is confirmed as showing or tending to show that a public officer or public body:
- has engaged, is engaging or proposes to engage in improper conduct in their capacity as a public officer or public body; or
- has taken, is taking or proposes to take detrimental action contrary to the Act.